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Penalties for Driving Under the Influence of Drugs

In most states, the penalties for driving under the influence of drugs are the same or very similar to the penalties imposed for driving while under the influence of alcohol. The penalties for these offenses are so varied that it would be impractical to discuss each state's penalties. Many states have adopted sentencing guidelines that are similar to the Federal Sentencing Guidelines. The guidelines generally provide a sentencing range for each type of offense and provide the aggravating and mitigating factors that can increase or decrease the sentence.

Consequences of No Contest Plea in DUI/DWI cases

Pleading no contest or nolo contendere means you admit no guilt for the crime, but merely signify your consent to being punished as if you were guilty. In the context of a drunk driving DUI (driving while intoxicated) or DWI (driving while under the influence) offense, such a plea is usually discretionary with the judge.

DUI in a School Zone

In general, all states provide for maximization of penalties when a driving offense involves a school bus or it is committed within a school zone. New Jersey is unique in establishing a law imposing stiff penalties for drunk driving and other serious traffic offenses when committed in the vicinity of a school or a school crossing.

Penalties for OUI/OWI (Operating Under the Influence or While Intoxicated)

The penalties imposed by states for operating while intoxicated (OWI) and operating under the influence (OUI) follow the same pattern of penalties imposed by states enforcing laws for driving under the influence (DUI) and/or driving while intoxicated (DWI). In general, all states and the District of Columbia have "per se" laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a proscribed level of 0.08. percent and above.

Elements of DUI/DWI Offenses Involving Operation of Aircraft

It is unlawful for any person who is under the influence of intoxicating liquor or drugs to drive, operate, or take actual physical control of a motor vehicle in a public place. This is commonly referred to as driving under the influence (DUI) and operating under the influence (OUI). This offense also applies to operating aircraft, and many states specifically list an aircraft as a type of "vehicle" included in the applicable vehicle code. Other states cover the operation of an aircraft in a separate section within its code.